The EU Ombudsman is currently investigating the European Commission’s approval of Nicholas Banasevic, a former high-ranking EU antitrust official, joining Microsoft in a senior role dealing with competition and regulatory affairs. Banasevic, who has 25 years of experience in antitrust cases, moved from a law firm to Microsoft in 2024. The investigation was prompted by a complaint from Corporate Europe Observatory and LobbyControl, who believe that Banasevic may be leveraging insider knowledge for the benefit of his new employer. The NGOs are questioning the Commission’s initial approval of Banasevic’s transition, suggesting that it may violate his obligations as an ex-EU official.
The NGOs argue that Banasevic’s move from public office to a private job raises concerns about the potential misuse of knowledge gained during his time at the Commission. They are calling for the Commission to retroactively withdraw permission for Banasevic to join Microsoft. The Commission has stated that former staff are restricted from working on legal cases they were involved in during their tenure and must maintain integrity and discretion when considering new positions or benefits. The EU executive has affirmed that they take potential conflicts of interest seriously and enforce strict guidelines for former officials.
In response to the allegations, the Ombudsman has requested information from the European Commission regarding the decision-making process that led to Banasevic’s approval to join Microsoft. The Ombudsman is specifically seeking documents related to the former DG Competition staff member’s new position with the technology giant. The EU executive has until March 14 to provide the requested documents and respond to the Ombudsman’s inquiry. The investigation is ongoing, and further actions may be taken based on the information obtained from the Commission.
The controversy surrounding Banasevic’s transition from the EU to Microsoft highlights the potential risks associated with moving from public service to the private sector. The case underscores the importance of maintaining transparency and accountability in regulatory affairs, especially when it comes to antitrust matters. The Ombudsman’s investigation aims to shed light on the decision-making process within the European Commission and determine whether Banasevic’s transition complies with ethical standards and legal obligations for former EU officials.
The involvement of NGOs advocating for transparency in the institutions adds pressure on the European Commission to address potential conflicts of interest and uphold the integrity of its decision-making processes. The outcome of the Ombudsman’s inquiry may have broader implications for how the EU handles transitions from public office to the private sector, particularly concerning sensitive areas such as competition and regulation. The case serves as a reminder of the need for robust safeguards and oversight mechanisms to prevent conflicts of interest and maintain public trust in EU institutions.
